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The defendant shall deliver to the plaintiff corporeal movables listed in the attached list.
Costs of lawsuit shall be borne by the defendant.
Paragraph 1.
Reasons
1. Basic facts
A. From June 2, 2017 to February 9, 2018, the Plaintiff concluded a facility lease agreement with the Defendant on the corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) as follows:
(hereinafter “instant contract”). Since the Defendant acquired the said corporeal movables by delivery to the present date, the Defendant is entitled to: (a) the acquisition cost of KRW 82.5 million on June 12, 2017; (b) monthly rent of KRW 1,982,063; (c) monthly rent of KRW 1,982,063; and (d) the lease period of KRW 2,640,00 on June 2, 2017; (b) KRW 26.4 million; (c) deposit of KRW 792,793; (d) monthly rent of KRW 36 months; and (e) lease period of KRW 36 months GR-510; and (e) KRW 9,570,00; and (e) KRW 378,00,000; and (e) KRW 3608,00,000; and (e) KRW 1379,798,286,000.
B. On July 16, 2020, the Plaintiff delayed the payment of the rent on July 2020, and the Defendant issued a notice of the scheduled termination on July 30, 2020 to the effect that the instant contract will be terminated on the above date unless the overdue rent is paid to the Defendant by July 30, 2020. However, the Defendant failed to pay the rent by July 30, 2020.
C. Meanwhile, Article 22(2)3 of the Terms and Conditions of Facility Lease (Financial Lease) provides for the following:
Article 22 (Cancellation or Termination of Contract) (2) Where any of the following causes occurs to a customer or joint guarantor, the Company may cancel or terminate this contract where the customer or joint guarantor has notified him/her of the performance of the obligation, correction of violations, or performance of the obligation within a reasonable period fixed and so corrective period, and he/she fails to do so within such period:
3. When he/she violates the obligation to pay the lease table, insurance premiums, etc. prescribed in this contract [based on recognition], entry in the evidence (including provisional number) of subparagraphs A and 1 through 5, and the purport of the whole pleadings;
2. The above facts of recognition are examined.